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Forms for FWO NoticesSchedule 5.3 FWO notice to produce documentsForm 2

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

NOTICE ISSUED TO [name]

FWO NOTICE TO PRODUCE DOCUMENTS

I, [name], a nominated AAT presidential member, acting under subsection 712AB(1) of the Fair Work Act 2009, require you to produce the documents specified in Part 1 of the Schedule to this notice.

The documents are relevant to an investigation by an inspector into a suspected contravention of a provision of the Fair Work Act 2009, a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

* the underpayment of wages, or other monetary entitlements, of employees; or

* the unreasonable deduction of amounts from amounts owed to employees; or

* the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or

* the unfair dismissal of an employee; or

* the bullying of a worker at work; or

* the unlawful discrimination of a person in relation to employment; or

* a contravention of a provision of the National Employment Standards; or

* the coercion of an employee by an employer.

Note: The details relating to the investigation are specified in Parts 2 to 5 of the Schedule to this notice.

The documents are to be produced to [the Fair Work Ombudsman][OR [name] who is a member of the staff of the Office of the Fair Work Ombudsman], by [time and date], in the manner specified in Part 6 of the Schedule to this notice.

Note: You are not excused from producing a document under this notice on the ground that to do so might tend to incriminate you or otherwise expose you to a penalty or other liability. However:

(a) there are restrictions on when any document produced under this notice may be admissible in evidence against you (see section 713 of the Fair Work Act 2009); and

(b) you are not required to produce a document that would disclose information that is the subject of legal professional privilege (see section 713AA of the Fair Work Act 2009).

WARNING—Under subsection 712B(1) of the Fair Work Act 2009you may be liable to a civil remedy if you have been given this notice and fail to produce the documents by the time, and in the manner, specified in this notice (or by such later time as provided for under subsection 712AD(3) or (4) of the Fair Work Act 2009), except to the extent that you are not capable of complying with the requirement.

Note: Under subsections 712AD(3) and (4) of the Fair Work Act 2009 the Fair Work Ombudsman may vary the time for compliance with this notice. The varied time must be at least 14 days after this notice is given.

PENALTY: 600 penalty units.

155

Registered: 19/10/2021

Form 2—FWO notice to produce documents

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

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